Legal Question in Consumer Law in California

If I go into a Department Clothing Store, and the security guard follows me inside and stares at me non-stop constantly, in front of other customers, to make me look bad, can I sue the store and/or the security guard/security company for Libel...Because according to Civil Code 45 (Libel),,,, it states that:... "Libel is a false and unprivileged publication by writing, printing, picture, effigy OR other FIXED Representation to the eye (to 3rd parties) which exposes any person to hatred, comtempt, RIDICULE, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injury him in his occupation"..... Since the guard made me look like a bad person (a criminal), in front of others, would that be grounds to sue, since the guard had no probable cause to follow and stare at me, other than to make himself look like he's doing his job. ..... (I know most of you attorneys would say to just send a letter to the store, to avoid judicial resources over a little mishap,,,,,BUT stores dont avoid judicial resources and dont send a letter to a person when that person shoplifts a small 80 cent candybar. The store instead calls the police, has that person arrested, uses lots of judicial resources-jailtime, court arrignment, etc. over an 80 cent candy,,,,so why not use judicial resources on the store, when they break the law too?)


Asked on 2/26/15, 4:22 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

The attorneys that would tell you that it is waste of judicial resources are correct. But this isn't libel because nothing was put writing. It isn't slander, because now words were spoken. You have not described anything that would give rise to legal claim.

Read more
Answered on 2/26/15, 6:34 pm


Related Questions & Answers

More Consumer Law questions and answers in California